[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6056 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 6056
To ensure the rights of parents are honored and protected in the
Nation's public schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2021
Ms. Letlow (for herself, Mr. McCarthy, Ms. Foxx, Mr. Owens, Mr. Banks,
Ms. Stefanik, Mr. Scalise, Mr. Johnson of Louisiana, Mr. Hudson, Mr.
Graves of Louisiana, Mr. Joyce of Pennsylvania, Mrs. Miller of
Illinois, Mr. Reschenthaler, Mr. Cawthorn, Mr. Mast, Mr. Aderholt, Mr.
McKinley, Mr. Higgins of Louisiana, Mrs. Cammack, Mr. Moolenaar, Mr.
Fitzgerald, Mr. Rutherford, Mr. Crawford, Mr. Chabot, Mr. Lamborn, Mrs.
Steel, Mr. Bost, Mr. Rouzer, Mr. Palazzo, Mr. Huizenga, Mr. Obernolte,
Mr. Babin, Mr. Pfluger, Mr. Walberg, Mr. Guest, Mr. Mooney, Mr. Murphy
of North Carolina, Mr. Tiffany, Ms. Tenney, Mrs. Miller-Meeks, Mrs.
Harshbarger, Mr. Steil, Mr. Wenstrup, Mr. Steube, Ms. Van Duyne, Mr.
Thompson of Pennsylvania, Mr. Kelly of Pennsylvania, Mr. Posey, Mr. Van
Drew, Mr. Keller, Ms. Malliotakis, Mr. Duncan, Mr. Kustoff, Mr. Baird,
Mr. Buchanan, Mrs. Lesko, Mr. Gimenez, Mr. Bergman, Mr. Sessions, Mr.
Moore of Alabama, Mr. Hern, Mr. Jacobs of New York, Mr. Waltz, Mr.
Allen, Mr. Carter of Georgia, Mrs. Rodgers of Washington, Mr. Feenstra,
Mr. Grothman, Mr. Harris, Mr. Weber of Texas, Mr. Mullin, Mr. McCaul,
Mr. LaTurner, and Mr. Meuser) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To ensure the rights of parents are honored and protected in the
Nation's public schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parents Bill of Rights Act''.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. STATE PLAN ASSURANCES.
Section 1111(g)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(g)(2)) is amended--
(1) in subparagraph (M), by striking ``and'' at the end;
(2) in subparagraph (N), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(O) the State will ensure that each local
educational agency in the State posts the curriculum
for each elementary and secondary school grade level on
a publicly accessible website of the agency or, if such
agency does not operate a website, widely disseminates
to the public such curriculum; and
``(P) in the case of any revisions to the State's
challenging State academic standards (including any
revisions to the levels of achievement within the
State's academic achievement standards), the State
educational agency will post to the homepage of its
website, and widely disseminate to the public, notice
of such revisions and a copy of such revisions, except
that the State educational agency shall not be required
to submit such notice or such revisions to the
Secretary.''.
SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.
Section 1111(h)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(h)(2)) is amended by inserting at the end the
following new subparagraph--
``(E) Budget.--Each local educational agency report
card shall include the budget for the school year for
which such report card is being prepared (including all
revenues and expenditures (including expenditures made
to private entities)) for the local educational agency
as a whole, and for each elementary school and
secondary school served by the local educational
agency.''.
SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSURANCES.
Section 1112(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(c)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(8) post on a publicly accessible website of the agency
or, if the agency does not operate a website, widely
disseminate to the public, the curriculum for each elementary
and secondary school grade level; and
``(9) post on a publicly accessible website of the agency
or, if the agency does not operate a website, widely
disseminate to the public, the plan for carrying out the parent
engagement described in section 1116 and all policies and
procedures that result from such engagement.''.
SEC. 104. PARENTS RIGHT-TO-KNOW.
Section 1112(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(e)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (6), respectively;
(2) by inserting before paragraph (2) (as so redesignated),
the following:
``(1) Notice of rights.--A local educational agency
receiving funds under this part shall ensure that each
elementary school and secondary school served by such agency
posts on a publicly accessible website of the school or, if the
school does not operate a website, widely disseminates to the
public, a summary notice of the right of parents to information
about their children's education as required under this Act,
which shall be in an understandable format for parents and
include, at minimum--
``(A) the right to review the curriculum of their
child's school;
``(B) the right to know if the State alters the
State's challenging State academic standards;
``(C) the right to meet with each teacher of their
child not less than twice during each school year;
``(D) the right to review the budget, including all
revenues and expenditures, of their child's school;
``(E) the right to a list of the books and other
reading materials contained in the library of their
child's school;
``(F) the right to address the school board of the
local educational agency;
``(G) the right to information about violent
activity in their child's school; and
``(H) the right to information about any plans to
eliminate gifted and talented programs in the child's
school.'';
(3) in paragraph (2)(B) (as redesignated by paragraph
(1))--
(A) by striking ``(B) Additional information.--''
and inserting:
``(B) Additional information.--
``(i) In general.--'';
(B) by redesignating clause (i) and clause (ii) as
subclause (I) and subclause (II), respectively; and
(C) by adding at the end the following:
``(ii) School library.--A local educational
agency receiving funds under this part shall
ensure that each elementary school and
secondary school served by such agency
provides, at the beginning of each school year,
the parents of a child who is a student in such
school a list of books and other reading
materials available to the students of such
school in the school library.
``(iii) Violent activity.--A local
educational agency receiving funds under this
part shall ensure that each elementary school
and secondary school served by such agency
provides the parents of a child who is a
student in such school timely notification of
any violent activity occurring on school
grounds or at school-sponsored activities in
which one or more individuals suffer injuries,
except that such notification shall not contain
names or the grade level of any students
involved in the activity.
``(iv) Gifted and talented programs.--A
local educational agency receiving funds under
this part shall ensure that each elementary
school and secondary school served by such
agency provides the parents of a child who is a
student in such school timely notification of
any plan to eliminate gifted and talented
programs in such school.''; and
(4) by inserting after paragraph (4) (as redesignated by
paragraph (1)) the following:
``(5) Transparency.--A local educational agency receiving
funds under this part shall provide the parents of a child who
is a student in an elementary school or secondary school served
by such agency--
``(A)(i) the opportunity to meet in-person with
each teacher of such child not less than twice during
each school year; and
``(ii) a notification, at the beginning of each
school year, of the opportunity for such meetings; and
``(B) the opportunity to address the school board
of such local educational agency on issues impacting
the education of children in such agency.''.
SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.
Title VIII of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801 et seq.) is amended--
(1) by redesignating section 8549C as section 8549D; and
(2) by inserting after section 8549B the following new
section:
``SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.
``(a) Findings.--The Congress finds as follows:
``(1) Parents have a First Amendment right to express their
opinions of decisions made by State and local education
leaders.
``(2) States and local educational agencies should empower
parents to communicate regularly with Federal, State, and local
policymakers and educators regarding the education and well-
being of their children.
``(3) Transparent and cooperative relationships between
parents and schools have significant and long-lasting positive
effects on the development of children.
``(4) Parents' concerns over content and pedagogy deserve
to be heard and fully considered by school professionals.
``(5) Parent and other community input about schools that
is presented in a lawful and appropriate manner should always
be encouraged.
``(6) Educators, policymakers, and other stakeholders
should never seek to criminalize the lawfully expressed
concerns of parents about their children's education.
``(b) Sense of Congress.--It is the sense of the Congress that the
First Amendment guarantees parents and other stakeholders the right to
assemble and express their opinions of decisions affecting their
children and communities, and that educators and policymakers should
welcome and encourage that engagement and consider that feedback when
making decisions.''.
TITLE II--AMENDMENTS TO FERPA AND PPRA
SEC. 201. AMENDMENTS TO THE FAMILY RIGHTS AND PRIVACY ACT OF 1974.
(a) Prohibition on Educational Agencies Acting as an Agent of a
Parent.--Section 444 of the General Education Provisions Act (20 U.S.C.
1232g) (also known as the ``Family Rights and Privacy Act of 1974'') is
amended by adding at the end the following:
``(k) Prohibition on Educational Agencies Acting as Agent of a
Parent.--An educational agency may not act as the agent of a parent of
a student in attendance at a school served by such agency for purposes
of providing verifiable parental consent under the regulations
prescribed under section 1303(b) of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6502(b)) without providing notice and
a chance for such parent to opt out of the provision of such
consent.''.
(b) Prohibition on Sale of Information for Commercial Purposes.--
Section 444 of the General Education Provisions Act (20 U.S.C. 1232g)
(also known as the ``Family Rights and Privacy Act of 1974''), as
amended by this section, is further amended by adding at the end the
following:
``(l) Prohibition on Sale of Information for Commercial Purposes.--
No educational agency or authorized representative of such agency may
sell student information for commercial or financial gain.''.
(c) Parental Consultation.--Section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (also known as the ``Family Rights and
Privacy Act of 1974''), as amended by this section, is further amended
by adding at the end the following:
``(m) Parental Consultation.--An educational agency shall develop
any privacy policy or procedure with meaningful engagement by parents
of students in attendance at the schools of the agency.''.
SEC. 202. PROTECTION OF PUPIL RIGHTS.
(a) Availability for Inspection by Parents.--Section 445(a) of the
General Education Provisions Act (20 U.S.C. 1232h(a)) is amended to
read as follows:
``(a) Availability for Inspection by Parents.--A local educational
agency that receives funding under any applicable program shall ensure
that each of the following shall be available for inspection by the
parents or guardians of the children in attendance at the schools of
such agency:
``(1) All instructional materials, including teacher's
manuals, films, tapes, or other supplementary material which
will be used in such school or in connection with any survey,
analysis, or evaluation.
``(2) Any books or other reading materials made available
to students in such school or through the school library of
such school.''.
(b) Development and Adoption of Local Policies.--Section 445(c) of
the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
(1) in the subsection heading, by striking ``Physical'' and
inserting ``Medical'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``in consultation with parents'' and inserting
``in consultation with parents in accordance with
paragraph (2)(A)'';
(B) by amending subparagraph (C)(i) to read as
follows:
``(C)(i) The right of a parent of a student to
inspect, upon the request of the parent, any
instructional material used as part of the educational
curriculum for the student, and any books or other
reading materials made available to the student in a
school served by the agency or through the school
library; and'';
(C) by amending subparagraph (D) to read as
follows:
``(D) The administration of medical examinations or
screenings that the school or agency may administer to
a student, including--
``(i) the notice to parents of such a
medical examination or screening, and receipt
of consent from parents for such an examination
or screening; and
``(ii) in the event of an emergency that
requires a medical examination or screening
without time for parental notification or
consent, the procedure for promptly notifying
parents of such examination or screening
subsequent to such examination or screening.'';
and
(D) by amending subparagraph (E) to read as
follows:
``(E) The prohibition on the collection,
disclosure, or use of personal information collected
from students for the purpose of marketing or for
selling that information (or otherwise providing that
information to others for that purpose), other than for
a legitimate educational purpose to improve the
education of students as described in paragraph (4),
and the arrangements to protect student privacy that
are provided by the agency in the event of such
collection, disclosure, or use for such a legitimate
educational purpose.''.
(c) Parental Notification.--Paragraph (2) of section 445(c) of the
General Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
(1) in the paragraph heading, by inserting ``consultation
and'' before ``notification'';
(2) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively;
(3) in subparagraph (B) (as so redesignated)--
(A) by amending clause (ii) to read as follows:
``(ii) offer an opportunity and clear
instructions for the parent (and for purposes
of an activity described in subparagraph
(D)(i), in the case of a student of an
appropriate age, the student) to opt the
student out of participation in an activity
described in subparagraph (D); and''; and
(B) by adding at the end the following:
``(iii) in the case of an activity
described in subparagraph (D)(i), a description
of how such activity is for a legitimate
educational purpose to improve the education of
students as described in paragraph (4).'';
(4) by inserting before subparagraph (B) (as so amended and
redesignated), the following:
``(A) Parental consultation.--The parental
consultation required for the purpose of developing and
adopting policies under paragraph (1) by a local
educational agency shall ensure that such policy is
developed with meaningful engagement by parents of
students enrolled in schools served by that agency.'';
and
(5) in subparagraph (D) (as designated by paragraph (2))--
(A) by amending clause (i) to read as follows:
``(i) Activities involving the collection,
disclosure, or use of personal information
collected from students for a legitimate
educational purpose to improve the education of
students as described in paragraph (4).''; and
(B) in clause (iii), by striking ``physical'' and
inserting ``medical''.
(d) Updates to Existing Policies.--Paragraph (3) of section 445(c)
of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended
to read as follows:
``(3) Updates to existing policies.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Parents Bill of Rights
Act, a local educational agency that receives funding
under any applicable program shall--
``(i) review policies covering the
requirements of paragraph (1) as in effect on
the day before such date of enactment; and
``(ii) develop and update such policies to
reflect the changes made to paragraph (1) by
the amendments made by the Parents Bill of
Rights Act.
``(B) Consultation and notification.--In developing
and updating the policies under subparagraph (A), the
agency shall comply with the consultation and
notification requirements under paragraph (2).''.
(e) Exceptions.--Paragraph (4)(A) of section 445(c) of the General
Education Provisions Act (20 U.S.C. 1232h(c)) is amended by amending
the matter preceding clause (i) to read as follows:
``(A) Educational products or services.--For
purposes of paragraph (1)(E), the collection,
disclosure, or use of personal information collected
from students for a legitimate educational purpose to
improve the education of students means the exclusive
purpose of developing, evaluating, or providing
educational products or services for, or to, students
or schools, such as the following:''.
(f) Definitions.--Paragraph (6) of section 445(c) of the General
Education Provisions Act (20 U.S.C. 1232h(c)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Medical examination.--The term `medical
examination' means any medical examination that
involves the exposure of private body parts, or any act
during such examination that includes incision,
insertion, or injection into the body, or a mental
health or substance use disorder screening, but does
not include a hearing, vision, or scoliosis
screening.''; and
(2) in subparagraph (E)--
(A) in clause (iii), by striking ``or'';
(B) in clause (iv), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(v) an email address.''.
(g) Enforcement and Reporting.--Subsection (e) of section 445 of
the General Education Provisions Act (20 U.S.C. 1232h) is amended to
read as follows:
``(e) Enforcement and Reporting.--
``(1) Enforcement.--The Secretary shall take such action as
the Secretary determines appropriate to enforce this section,
except that action to terminate assistance provided under an
applicable program shall be taken only if the Secretary
determines that--
``(A) there has been a failure to comply with such
section; and
``(B) compliance with such section cannot be
secured by voluntary means.
``(2) Reporting.--
``(A) Local educational agencies.--Each local
educational agency that receives funding under any
applicable program shall--
``(i) without identifying any personal
information of a student or students, report to
the State any enforcement actions or
investigations carried out for the preceding
school year to ensure compliance with this
section; and
``(ii) publish such information on its
website or through other public means used for
parental notification if the agency does not
have a website.
``(B) States.--A State shall provide to the
Secretary a report, with respect to the preceding
school year, that includes all actions local
educational agencies have reported under subparagraph
(A), and a description of the enforcement actions the
State took to ensure parents' rights were protected.
``(C) Secretary.--Not later than 1 year after the
date of enactment of the Parents Bill of Rights Act,
and annually thereafter, the Secretary shall provide to
the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, the reports received
under subparagraph (B) and a description of the
enforcement actions taken by the Secretary under this
subsection to ensure full compliance with this
section.''.
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